Work Permit Regulations

[scorecard]

Would appreicate some advice re following situation.

Employer says work permit not required if the foreigner is working less than 15 days per month.

My understanding is that work permit is absolutely required, regardless of number of minutes, days, weeks or whatever, and regadless of type of work, and regardless of whether the employer says the work is: full time, part time, on an ad hoc basis.

(I realize that there are a number of ocupations where the work is reserved for Thai nationals only.)

Appreciate any advice members can offer.

Thanks.

[robbiecia]

AFAIK................you are required to work a minimum of 20 hours a week to qualify for a work permit

Therefor if you are working more than 80 hours per month you should be fine

This policy makes it very hard to work legally in Thailand on a part-time basis

[TerryLH]

"...you are required to work a minimum of 20 hours a week to qualify for a work permit"

Where does it say that?

You mention it's 'policy'. That's not the same as law, and may be a local thing where you're at.

OP, I believe you are right. Any amount of work requires a WP to make you legal.

[digitalchromakey]

Employer says work permit not required if the foreigner is working less than 15 days per month.

My understanding is that work permit is absolutely required, regardless of number of minutes, days, weeks or whatever, and regadless of type of work, and regardless of whether the employer says the work is: full time, part time, on an ad hoc basis.

Not true, you need a work permit for any work, even when doing as little as signing company papers as a director.

Maybe your employer couldn't be bothered/can't apply.

[astral]

Not true, you need a work permit for any work, even when doing as little as signing company papers as a director.

Agreed

Maybe your employer couldn't be bothered/can't apply.

Quite likely.

Even major international companies put people at risk of arrest by failing to apply.

I stopped conducting classes in Bangkok for a major international computer company

because they would not apply for the HP for me, whoops I meant WP.

[robbiecia]

"...you are required to work a minimum of 20 hours a week to qualify for a work permit"

Where does it say that?

You mention it's 'policy'. That's not the same as law, and may be a local thing where you're at.

OP, I believe you are right. Any amount of work requires a WP to make you legal.

Just go to the labor department and ask!!!!!!!

[TerryLH]

"Just go to the labor department and ask!!!!!!!"

Can I take that to mean you don't know where it says that?

[astral]

Can you give us chapter and verse please.

[digitalchromakey]

Just go to the labor department and ask!!!!!!!

Yes please and also ask them under what regulation you need to work a miniumum of 20 hours for a Work Permit - because there isn't one that I have ever come across.

[robbiecia]

Just go to the labor department and ask!!!!!!!

Yes please and also ask them under what regulation you need to work a miniumum of 20 hours for a Work Permit - because there isn't one that I have ever come across.

astral and digitalchromakey..............most sorry but i can't quote a regulation!!!!!!!!!

Just reporting my experience of going to the labor dept and asking that very question

[digitalchromakey]

When I applied to have a second employer added to my work permit, nobody at labour asked me how as to many days/hours I worked for each job, they just added the second employer (with the first employer's active consent).

[ubonjoe]

Just go to the labor department and ask!!!!!!!

Yes please and also ask them under what regulation you need to work a miniumum of 20 hours for a Work Permit - because there isn't one that I have ever come across.

astral and digitalchromakey..............most sorry but i can't quote a regulation!!!!!!!!!

Just reporting my experience of going to the labor dept and asking that very question

If you call or visit someplace to inquire about something do you think that you would get the answer "I don't know".

From experience in almost any situation you will get some kind of answer but not "I don't know" or "I don't know I will have to check with somebody else".

Not meant ot be derogatory just experience here and a lot of other places.

Edited September 24, 2008 by ubonjoe

[HAL9000]

I stopped conducting classes in Bangkok for a major international computer company

because they would not apply for the HP for me, whoops I meant WP.

hehehe...!! and we all loved that company!

[coalminer]

Just reporting my experience of going to the labor dept and asking that very question

I've read about a similar experience from a prominent member of another forum who was asking for a 3 days extension for his tourist visa was told by the officer at the Immigration Police in Bangkok that "you don't need an extension for 3 days. Just overstay the 3 days and pay the fine at the airport".

One can not argue if the officer did or did not stated this.

The same, one can not argue if the OP has been told by an employer that he doesn't need to apply for a work permit for a few hours per week.

But if you get busted by the police the way a complete bus with 60+ fahrangs were overstaying on his way to Pattaya to Ranong, you will have a pretty hard time to prove to them that "a particular officer at Immigration told you to overstay."

You even can be jailed for being a liar, incriminating an officer.

If somebody told you that you dont require a workpernit for less than "x" hours a month, ask him to write it done on paper and sign it.

And then go to the highest official in the department to countersing the paper.

After that, PLEASE post a scan of the paper to Thaivisa so that other members of Thaivisa can benefit of the "new laws".

[stingray]

Any kind of work is illegal, doesn't matter how long you work per week. I my self, i'm director of my small company. Basicly i work maybe only a hour per day to organize things. The rest the girls do. I would be suprised if i don't need a WP. I Could save a lot of money every year.

[monty]

I was of the impression that there is a special paper/document replacing the regular work permit for urgent jobs taking less then 15 days.

I think it is that type of paper/document used by for example visiting artists (a painter doing an exhibition, a singer/band doing a concert etc...)

But for the life of me I can't find the applicable law

Anyway this would only be for a one off job, and not for a job every month lasting less then 15 days!

[Soutpeel]

I was of the impression that there is a special paper/document replacing the regular work permit for urgent jobs taking less then 15 days.

I think it is that type of paper/document used by for example visiting artists (a painter doing an exhibition, a singer/band doing a concert etc...)

But for the life of me I can't find the applicable law

Anyway this would only be for a one off job, and not for a job every month lasting less then 15 days!

Yes... there is something called an emergency work permit and its vaild for 14 days only and you cant extend it, the offshore O&G industry uses then to bring in technical specialists to repair critical equipment, dont know the name/number of the application form you use, but obviously needs to be "sponsored" by a Thai based company.

You can't extend as mentioned and if you start applying too many times for the same person, questions start getting asked, as the suggestion is made that a full work permit is in order. So this is not an option for someone living full time in Thailand only wanting to work two weeks in the month..

[ubonjoe]

Found it

Scrool down to Work Permit Application at the following link

http://www.doe.go.th/law_en.aspx

- An alien who enter into the Kingdom for temporary stay in order to engage in the work which is of necessity and urgency for period of not longer than 15 days can work after notifying the Director-General or the official entrusted by the Director-General.

Not sure it will work if you are here already. Also would depend on your current visa.

[fxe1200]

Can you give us chapter and verse please.

Matthew 5, Verse 3

[Soutpeel]

Found it

Scrool down to Work Permit Application at the following link

http://www.doe.go.th/law_en.aspx

- An alien who enter into the Kingdom for temporary stay in order to engage in the work which is of necessity and urgency for period of not longer than 15 days can work after notifying the Director-General or the official entrusted by the Director-General.

Not sure it will work if you are here already. Also would depend on your current visa.

It wont work, you need a Non-imm B for the emergency work permit, you can't extend it, and you cant keep applying every month for a new one, the blocks will be put on you very quickly if you try.

[digitalchromakey]

Found it

Scrool down to Work Permit Application at the following link

http://www.doe.go.th/law_en.aspx

- An alien who enter into the Kingdom for temporary stay in order to engage in the work which is of necessity and urgency for period of not longer than 15 days can work after notifying the Director-General or the official entrusted by the Director-General.

Intersting - link refers to the 'essence' of the Working of Aliens Act (BE 2521), but I can't actually find any reference to that element in an actual English translation. Working of Aliens Act (2521)

Have been told by Labour that this is certainly the case for, say, emergency relief workers, etc. Definitely only a one off.

[Soutpeel]

Found it

Scrool down to Work Permit Application at the following link

http://www.doe.go.th/law_en.aspx

- An alien who enter into the Kingdom for temporary stay in order to engage in the work which is of necessity and urgency for period of not longer than 15 days can work after notifying the Director-General or the official entrusted by the Director-General.

Intersting - link refers to the 'essence' of the Working of Aliens Act (BE 2521), but I can't actually find any reference to that element in an actual English translation. Working of Aliens Act (2521)

Have been told by Labour that this is certainly the case for, say, emergency relief workers, etc. Definitely only a one off.

I know a a few guys who have emergency work permits issued 2 or 3 times in year for specific jobs but obviously cant be done back to back and is definitely not a long term solution, whether they are issued is determined on a case for case basis and who is applying, ie company concerned seems to play a big part in the approval process

[ThaiLawOnline]

The OP doesn't refer to an emergency situation but working less than 15 days per month.

You NEED a work permit, unless you are under article 4. Even for volunteer workers.

http://www.isaanlawyers.com/Working%20of%20Aliens%20Act.pdf

There are prohibited jobs (This English translation is not up to date, there were some minor modifications)

http://www.isaanlawyers.com/images/prohibi...professions.pdf

The Alien worker Act was recently modified and announced in the Royal Gazette on 22 February 2008. There will be many modifications but I do think they didn't enforce them yet.

You will find all the Laws in Thai version here:

http://122.154.5.7/workpermit/main/laws/laws.asp

The Website of the Ministry of Labour is often down.

About the new Law, Sunbelt (not us) made a summary of the modifications of the new Working Aliens Act here:

http://www.isaanlawyers.com/work%20permit%202008.pdf

And yes, all labor departments can have their own 'rules'. You should call them.

Edited September 28, 2008 by Isaanlawyers

[digitalchromakey]

You NEED a work permit, unless you are under article 4. Even for volunteer workers.

Not strictly true; for example at my local labour dept, Tourist Police and Imigration Dept Volunteers have an exemption because they are working for a government department. There are some other cited examples as well, as I already mentioned: Emergency Relief Workers.

As regards part time work, per se, you need a work permit and can easily get one or more jobs in your Work Permit (with the agreement of all parties concerned) providing the employers meet the documented criteria.

[coalminer]

You NEED a work permit, unless you are under article 4. Even for volunteer workers.

Not strictly true; for example at my local labour dept, Tourist Police and Imigration Dept Volunteers have an exemption because they are working for a government department. There are some other cited examples as well, as I already mentioned: Emergency Relief Workers.

I cant find a link to it, but as far as I remember, in 2004, right after the Tsunami, Thaksin publsihed on TV, in most newspapers and local websites that the alien relief workers were required to have a work permit.

That confirms the statement from Isaanlawyers that even volunteer workers are reqired to apply for a work permit.

[digitalchromakey]

That confirms the statement from Isaanlawyers that even volunteer workers are reqired to apply for a work permit.

Not always the case in my area - have it from a senior labour dept official - on public record.

[coalminer]

Would appreicate some advice re following situation.

Employer says work permit not required if the foreigner is working less than 15 days per month.

Judging from your post, you are working WITHOUT a work permit and your employer doesn't care to apply for one.

Yet, you don't hesitate to admit that openly in a forum which is read by the Thai Immigration.

You should apply for a work permit BEFORE starting the work.

Just my 2 cents.

[ubonjoe]

Correct me if I am wrong but I think isaanlawyers post was for the original post on this topic not the one it had evolved into about urgent work and getting a 15 day work permit.

[Soutpeel]

Would appreicate some advice re following situation.

Employer says work permit not required if the foreigner is working less than 15 days per month.

Judging from your post, you are working WITHOUT a work permit and your employer doesn't care to apply for one.

Yet, you don't hesitate to admit that openly in a forum which is read by the Thai Immigration.

You should apply for a work permit BEFORE starting the work.

Just my 2 cents.

An earlier poster stated that to get a work permit, you had work a minimum of 20 days a month, dont know how true this is, but if this true, there is no possible way for someone to work legally part-time in Thailand then, if less than 20 days a month, you dont qualify for a work permit.

.....but lets go with the statement which said...."Employer says work permit not required working less than 15 days a month"....as we all know TIT there could be a degree of mis-understanding/mis-translation/mis-interpretation in equation here so the employer may be was trying to telling him wasnt entitled to a WP, not that he didnt need one..??...trying to play devils advocate here..

[Mario2008]

Volunteer work requires a WP, even volunteer work for the government. I volunteer for the government and need a work permit for that.

The only exceptions are tourist- and immigration volunteers. But you can ask the question on what that exemption is based.

Would be interested in you source digitalchomakey.